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|Current Court Information:|
|United States District Court for the Western District of North Carolina|
|Appointed by:||George H.W. Bush|
|Active:||09/11/1990 - 11/30/2005|
|Chief:||1998 - 2005|
|Senior:||12/01/2005 - Present|
|Preceded by:||James McMillan|
|Succeeded by:||Martin Reidinger|
|Undergraduate:||Duke U., B.A., 1962|
|Law School:||Duke U. Law, J.D., 1969|
|Military service:||U.S. Navy 1962 - 1966|
Graham Calder Mullen is an Article III federal judge for the United States District Court for the Western District of North Carolina. He joined the court in 1990 after being nominated by President George H.W. Bush. He is serving on senior status.
Early life and education
A native of North Carolina, Mullen graduated from Duke University with his bachelor's degree in1962 and later graduated with his juris doctorate degree in 1969. From 1962 to 1966 Mullen served in the US Navy as an Active Duty Lieutenant during the Vietnam Conflict.
Western District of North Carolina
On the recommendation of U.S. Senator Jesse Helms, Mullen was nominated by President George H.W. Bush on February 20, 1990 to a seat vacated by James McMillan as McMillan went on senior status. Mullen was confirmed by the Senate on September 10, 1990 and received commission on September 11, 1990. Mullen served as the previous chief judge of the Court from 1998 to 2005 before assuming senior status on December 1, 2005.
Jeremy Mayfield case: Driver sues NASCAR for defamation in relation to failed drug test (2009-2010)United States District Court for the Western District of North Carolina (Jeremy Allen Mayfield et al., v. National Association for Stock Car Auto Racing, Inc., et al., 3:09-cv-220-MU)
Judge Mullen was the presiding judge in the case of NASCAR driver Jeremy Mayfield. The judge, on July 1, 2009, lifted a suspension that NASCAR had levied on Mayfield for testing positive for illegal drug use.
Mullen stated in his ruling that "the likelihood of a false positive in this case is quite substantial." Mullen went on to rule in Mayfield's favor after two hours of closing arguments, including NASCAR's argument that Mayfield is a danger to the sport. Mayfield had tested positive for high amounts of methamphetamine use.
Mayfield was suspended on May 9, 2009 by NASCAR after failing a random drug test during a race held in Richmond, Virginia. Mayfield maintained at the time of his suspension that he did not take methamphetamines. The NASCAR driver based the positive tests results from combining Adderall, a prescription he took for attention deficit hyperactivity disorder, with the allergy medication Claritin.
"I have never taken methamphetamines in my life, and when accused of taking them I immediately volunteered to give another urine sample," Mayfield said in an affidavit filed in federal court.
Bill Diehl, who represented Mayfield, claimed that NASCAR's drug testing program does not meet federal workplace guidelines or follow proper procedures set by SAMHSA (Substance Abuse and Mental Health Services Administration).
Diehl argued that Mayfield did not give permission to NASCAR to conduct testing on the "B" sample after the "A" sample came back positive, as guidelines indicate should be done. Diehl argued that the "B" sample should have been tested at an independent laboratory. Also, Mayfield's attorney claimed that the "B" sample was compromised during the testing and said that the entire test should be discarded. Both samples originally were tested by Aegis Laboratory. Diehl also questioned NASCAR for not providing a list of all banned substances, which the case in other professional sports that conduct drug testing programs.
On July 6, 2009, attorneys for NASCAR asked Judge Mullen to reverse his first ruling and appealed the ruling to the Fourth Circuit Court of Appeals based in Richmond. NASCAR disputes Mullen's conclusion that the chance of a false positive on Mayfield's drug test was "quite substantial," and also asserted that Mullen relied on facts "outside the record" including the existence of reliable hair sample tests and same-day tests for methamphetamine".
- Judge Mullen's Biography from the Federal Judicial Center.
- ESPN.com "Mayfield granted injunction, will race," July 2, 2009
- Associated Press "NASCAR asks court to put driver back on suspension," July 6, 2009
- Seattle Times "NASCAR's Jeremy Mayfield again tests positive for meth" July 15, 2009
- AutoWeekRacing.com "Judge dismisses lawsuit Mayfield filed against NASCAR," May 19, 2010
|Federal judicial offices|
|Western District of North Carolina
David Kessler • Dennis Howell • David Cayer •
|Former Article III judges||
|Former Chief judges|